General Terms and condition of sale
The products purchased on Ema-Bia.com are sold directly by EMA-BIA di Emanuela Bianchi ditta individuale (“EMA-BIA” or the “Vendor”),EMA-BIA has its registered office in Italy at Via G.Donizetti ,4 – 21100 Varese, Iscr. Reg. Imp., P.IVA n. 03616170126
Requests for information should be made through our Customer Care: contact EMA-BIA at the reference publish on th web site.
If you need any assistance, contact Ema.Bia.com, where you will find ; information on orders, shipping, refunds and returning products purchased on Ema-Bia.com, as well as and other general information on the services provided by Ema-Bia.com.
1. Our Business Policy
1.1 EMA-BIA offers products for sale on Ema-Bia.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on Ema-Bia.com.
1.3 EMA-BIA reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with EMA-BIA’s business policy.
1.4 These General Terms and Conditions of Sale (together with the documents referred to herein)regulate the offer, transmission and acceptance of purchase orders relating to products on Ema-Bia.com between the users of Ema-Bia.com and EMA-BIA.
1.5 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on Ema-Bia.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions. Under no circumstances shall EMA-BIA be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of Ema-Bia.com and third parties.
2. How to Execute a Contract with EMA-BIA
2.1 To place an order for the purchase of one or more products on Ema-Bia.com, you must fill out the online order form and send it electronically to EMA-BIA, following the relevant instructions.
The order form contains a link to these, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs, and references to the terms and conditions for returning purchased products, in accordance with consumer protection legislation.
2.3 An order shall be deemed submitted when EMA-BIA receives your order form electronically and the order information has been verified as correct.
2.4The order form will be filed in our data base for the time required to process your order and as provided by law.
2.5 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.6 The submission of orders to EMA-BIA must be in English.
2.7 After your order form has been submitted, EMA-BIA will process your order.
2.8 EMA-BIA may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that EMA-BIA has not carried out your purchase order specifying the reasons thereof. If the products displayed on Ema-Bia.com are no longer available at the time of your last access or once EMA-BIA has received your order form, EMA-BIA shall inform you of the unavailability of the ordered products within EMA-BIA has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, EMA-BIA will refund the amount paid for those items.
2.9 By submitting an order form to EMA-BIA, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with EMA-BIA. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on Ema-Bia.com.
2.11 Upon submission of an order form, EMA-BIA shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
2.12 We would like to remind you that all items purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. EMA-BIA shall not be held liable.
3. Guarantees and Product Price Indication
3.1 On Ema-Bia.com, we offer for sale top-quality products. These products are manufactured exclusivity for EMA-BIA.
3.2 EMA-BIA does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on Ema-Bia.com on each product page. The products offered for sale on Ema-Bia.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5 Orders made from a country site different from the one you are shipping to, or to addresses to which EMA-BIA cannot ship, will be automatically cancelled.
3.6 All Products sold by EMA-BIA come with an identification tag attached with a bar code identification . When trying on the products you should not remove or alter the tag l from the purchased products should you wish to return the purchased product.
3.7 As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
3.8 All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the Italian law (2 years). You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact EMA-BIA.
In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to dedicate banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by EMA-BIA except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your current account when the purchased order is completed
5. Value Vouchers
5.1 Value vouchers are personalised codes, also referred to as EMA-BIACODES, which allow you to take advantage of a discount on your purchase on Ema-Bia.com.
5.2 The EMA-BIACODE box is displayed during the purchase process
5.3 Restrictions to the use of value vouchers:
The value voucher can be used only once, with the exception of returns (as specified in paragraph 5.4);
The value voucher cannot under any circumstances be exchanged for money;
You may not use more than one value voucher per order;
The value voucher can be applied only to one item per order;
The value voucher can be applied only to items with a higher value than the voucher itself;
5.4 In accordance with consumer protection legislation, if for any reason you wish to return the item to which you applied the value voucher, you should follow the standard return procedure. Once your return has been accepted, the respective code will be restored to its original value. The difference in price between the value voucher and the item you purchased will be reimbursed, according to the time frame of the applicable refund procedure.
6. Shipping and Delivery of the Products
6.1 For specific product shipping and delivery procedures, please read carefully the instructions given during the purchase process ,the information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
7. Customer Care
7.1 For any information please contact EMA-BIA.
7.2 We would like our social media channels (Facebook , Twitter and Instagram) to be a place for dialogue and sharing.The pages are open to everyone for comments and the objective is to encourage dialogue between all users.
The following behaviour is not allowed:
(i) We are happy to receive your comments when they are coherent and pertinent: we reserve the right to remove those which are not related to individual discussions, those relating to external site activities, or those that include commercial promotions unauthorised by YNAP S.p.A.
(ii) We will remove comments of all types that contain impolite language, vulgarity and insults aimed at those who run or moderate the site or other users. We will not tolerate any offensive comments aimed at minorities, whether ethnic, political, religious or otherwise.
(iii)The violation of copyright and/or the use of registered trademarks without prior permission is not permitted.
We remind you therefore that illegal activity which discredits, threatens or spreads third party data without being authorised will not be tolerated. In this case, we will contact the necessary authorities.
If we consider it appropriate, we will report the content in question to Facebook and Twitter. After repeated violations of this policy, the user responsible may be banned.Please do not share any information, whether direct or indirect, about your purchase orders on our social media pages, or any information that includes your personal data. For enquires in which you require assistance please contact us via private message.Otherwise, if contacted publicly we will invite you to continue the conversation in private by offering you direct and reserved access to EMA-BIA, a service which reserves the right to not respond publicly.
8. Consumer Rights, the Cooling-Off Period, Exchanges and Returns of Products, in accordance with consumer protection legislation
8.1 Pursuant to Article 52 of the Consumer Code, you have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on Ema-Bia.com.
8.2 To withdraw from the contract, you may use, at your option, one of the following methods, in accordance with Article 54 of the Consumer Code: i) use of the Return Form (conforming to the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) to be completed and transmitted to Ema-Bia.com; ii) sending to the Seller any other explicit statement of your decision to withdraw from the contract.
The Seller will send you confirmation by e-mail that the withdrawal request has been received.
8.3 Once you have exercised your decision to withdraw from the contract, you must return the products to the Seller by handing them over to the courier for shipment within seven (7) days commencing from when you informed the Seller of your decision to withdraw from the contract.
8.4 You will not have to personally make the payment of the cost of returning the purchased products(free of charge valid for 1st return only).
8.5 Payment of the cost of returning purchased products will be made, on your behalf, directly by the Seller, who will therefore release you from any obligation to pay the shipper (1st return only). If you avail yourself of the right of withdrawal more than once, the Seller will in fact deduct from your refund a lump sum equal to the standard shipping cost of the purchased products. In addition, from the time the purchased products are returned to the shipper indicated by the Seller in the Return Form, the Seller releases you from any liability in case of loss or damage of the products during transportation.
8.6 The Right of Withdrawal – in addition to compliance with the terms and procedures referred to in Articles 52 et seq. of the Consumer Code, described in paragraphs 8.1, 8.2, 8.3 above – is understood to be properly exercised if the following conditions are also fully complied with:
the Return Form or other express statement of your decision to withdraw from the contract must be properly completed and submitted to Seller within fourteen (14) days of receipt of the products;
the products must not have been used, worn, washed;
the identification tag must still be attached to the products with product code , which is an integral part of the goods;
products must be returned in their original packaging ( if you want to return a kit, you must return all the items that make up the kit);
the returned products must be delivered to the shipper within seven (7) days starting from when you informed the Seller of your decision to withdraw from the contract;
the products must not be damaged.
8.7 If the Right of Withdrawal is exercised by following the procedures and terms set out in this paragraph 8, the Seller shall refund any sums already collected for the purchase of the products in accordance with the procedures and terms set out.
8.8 The sums will be refunded to you in the shortest time possible and, in any event, within thirty (30) days from the date on which the Seller became aware of the exercise of your right of withdrawal or ten (10) days from the date of delivery of the products to the Seller, we will activate the refund procedures, once we have verified that the terms and conditions indicated above have been correctly complied with, as indicated in paragraph 9.
8.9 If the terms and conditions for the exercise of your right of withdrawal, as set out in letters a),b),d), e) and f) of paragraph 8.7 above, are not complied with, you will not be entitled to a refund of the sums already paid to the Seller. Within 14 days from the sending of the e-mail notifying you of the non-acceptance of the return, you may choose to re-obtain, at your expense, the products in the state in which they were returned to the Seller, by notifying the Seller in the manner that will be communicated to you. Otherwise, the Seller may retain the products, in addition to the amounts already paid for their purchase.
If the conditions set forth in paragraphs b), c) and d) of Section 8.6 above are not met, you will not be entitled to a full refund of the sums already paid to the Seller. You will, in fact, be responsible for the decrease in value of the returned products, resulting from use other than that necessary for the purpose of allowing you to ascertain the nature, characteristics and functioning of the products themselves. In this case, a percentage of between 10 and 90 percent of the sums paid by you to the Seller for the purchase of the returned products will be deducted from the expected refund, as will be specifically communicated to you, via e-mail, by the Seller.
Within 14 days of the sending of the e-mail notifying you of the amount deducted from the refund, you may elect to re-obtain, at your expense, the products in the state in which they were returned to the Seller, by notifying the Seller in the manner that will be communicated to you. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.
9. Items returned because they are damaged, defective or incorrect
9.1 After the return of the products, the Seller shall make the necessary verifications regarding the conformity of the same with the conditions and terms indicated in paragraph 8. In the event that the verifications are positively concluded, the Seller shall proceed to send you, by e-mail, the relevant confirmation of acceptance of the products thus returned and provide for the refund. In the event that the verifications are not concluded positively, the Seller shall notify you, via e-mail, that there has been a decrease in the value of the products returned, resulting from your failure to comply with the conditions referred to in letters b) c) and d) of paragraph 8.7 above. At the same time, the Seller shall also notify you of the amount that will be deducted from the sums paid by you for the purchase of the returned products and make a partial refund; without prejudice, alternatively, to the possibility of re-obtaining, at your expense, the products in the state in which they were returned to the Seller, in accordance with the provisions of paragraph 8.10 above
9.2Whatever method of payment you used, the full or partial refund shall be activated by the Seller in accordance with Article 56, I paragraph, of the Consumer Code, in the shortest time possible and in any event within thirty (30) days from the date on which the Seller became aware of the exercise of your right of withdrawal or ten (10) days from the date of delivery of the products to the Seller
9.3 The Seller shall make the refund using the same means of payment you used to purchase the returned products. If there is no correspondence between the consignee of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be performed by the Seller, in any case, towards the person who made the payment.
9.4 the value date of the re-credit will be communicated to you at the time of re-credit
9.5 In case of return of products, the Seller indicates DHL courier (http://www.dhl.it/) as the shipper for the return of products. Through DHL, using the label that will be sent to you together with the confirmation of receipt of the return form , you will be able to return the products to the Seller, without making the payment of the necessary fees yourself. According to the terms and conditions provided for the exercise of the right of withdrawal, this method in fact allows the Seller to pay directly, on your behalf, the cost of returning the purchased products, freeing you from any obligation to pay the shipper. This method also allows you to verify, at any time, where each package is, releasing you from any liability in case of loss or damage of the products during transport.
10.2 You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of Ema-Bia.com.
11. Governing Law
11.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr
12. Amendments and updates
12.1 The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on Ema-Bia.com